Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/United States Coast Guard-029 Notice of Arrival and Departure System of Records, 74018-74020 [2015-30304]
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Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Proposed Rules
gift in accordance with the procedures
set forth in this section. The employee
must promptly complete the authorized
disposition of the gift. The obligation to
dispose of a gift that cannot be accepted
under this subpart is independent of an
agency’s decision regarding corrective
or disciplinary action under § 2635.106.
(1) Gifts of tangible items. The
employee must promptly return any
tangible item to the donor, or pay the
donor its market value, or, in the case
that the tangible item has a market value
not in excess of $100, the employee may
destroy the item. An employee who
cannot ascertain the actual market value
of an item may estimate its market value
by reference to the retail cost of similar
items of like quality. See § 2635.203(c).
Example 1 to paragraph (a)(1): A
Department of Commerce employee received
a $25 T-shirt from a prohibited source after
providing training at a conference. Because
the gift would not be permissible under an
exception to this subpart, the employee must
either return or destroy the T-shirt or
promptly reimburse the donor $25.
Destruction may be carried out by physical
destruction or by permanently discarding the
T-shirt by placing it in the trash.
Example 2 to paragraph (a)(1): To avoid
public embarrassment to the seminar
sponsor, an employee of the National Park
Service did not decline a barometer worth
$200 given at the conclusion of his speech on
Federal lands policy. To comply with this
section, the employee must either promptly
return the barometer or pay the donor the
market value of the gift. Alternatively, the
National Park Service may choose to accept
the gift if permitted under specific statutory
gift acceptance authority. The employee may
not destroy this gift, as the market value is
in excess of $100.
(2) Gifts of perishable items. When it
is not practical to return a tangible item
in accordance with paragraph (a)(1) of
this section because the item is
perishable, the employee may, at the
discretion of the employee’s supervisor
or the agency designee, give the item to
an appropriate charity, share the item
within the recipient’s office, or destroy
the item.
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Example 1 to paragraph (a)(2): With
approval by the recipient’s supervisor, a
floral arrangement sent by a disability
claimant to a helpful employee of the Social
Security Administration may be placed in the
office’s reception area.
(3) Gifts of intangibles. The employee
must promptly reimburse the donor the
market value for any entertainment,
favor, service, benefit or other
intangible. Subsequent reciprocation by
the employee does not constitute
reimbursement.
Example 1 to paragraph (a)(3): A
Department of Defense employee wishes to
attend a charitable event to which he has
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been offered a $300 ticket by a prohibited
source. Although his attendance is not in the
interest of the agency under § 2635.204(g), he
may attend if he reimburses the donor the
$300 face value of the ticket.
(4) Gifts from foreign governments or
international organizations. The
employee must dispose of gifts from
foreign governments or international
organizations in accordance with 41
CFR part 102–42.
(b) An agency may authorize
disposition or return of gifts at
Government expense. Employees may
use penalty mail to forward
reimbursements required or permitted
by this section.
(c) An employee who, on his or her
own initiative, promptly complies with
the requirements of this section will not
be deemed to have improperly accepted
an unsolicited gift. An employee who
promptly consults his or her agency
ethics official to determine whether
acceptance of an unsolicited gift is
proper and who, upon the advice of the
ethics official, returns the gift or
otherwise disposes of the gift in
accordance with this section, will be
considered to have complied with the
requirements of this section on the
employee’s own initiative.
(d) Employees are encouraged to
record any actions they have taken to
properly dispose of gifts that cannot be
accepted under this subpart, such as by
sending an electronic mail message to
the appropriate agency ethics official or
the employee’s supervisor.
[FR Doc. 2015–29208 Filed 11–25–15; 8:45 am]
BILLING CODE 6345–02–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS 2015–0079]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security/United States Coast Guard–
029 Notice of Arrival and Departure
System of Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Department of Homeland
Security is giving concurrent notice of
an updated and reissued system of
records pursuant to the Privacy Act of
1974 for the ‘‘Department of Homeland
Security/United States Coast Guard–029
Notice of Arrival and Departure System
of Records’’ and this proposed
SUMMARY:
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rulemaking. In this proposed
rulemaking, the Department proposes to
exempt portions of the system of records
from one or more provisions of the
Privacy Act because of criminal, civil,
and administrative enforcement
requirements.
DATES: Comments must be received on
or before December 28, 2015.
ADDRESSES: You may submit comments,
identified by docket number DHS 2015–
0079, by one of the following methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Karen L. Neuman, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
Instructions: All submissions received
must include the agency name and
docket number for this document. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact:
Marilyn Scott-Perez, (202) 475–3515,
Privacy Officer, Commandant (CG–61),
United States Coast Guard, 2703 Martin
Luther King Jr. Ave. SE., Mail Stop
7710, Washington, DC 20593. For
privacy questions, please contact: Karen
L. Neuman, (202) 343–1717, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS), United States
Coast Guard (USCG) is giving notice of
a proposed rulemaking that DHS/USCG
intends to update its regulations to
exempt portions of a system of records
from certain provisions of the Privacy
Act. Specifically, DHS/USCG proposes
to exempt portions of the ‘‘DHS/USCG–
029 Notice of Arrival and Departure
System of Records’’ from one of more
provisions of the Privacy Act because of
criminal, civil, and administrative
enforcement requirements. DHS/USCG
is issuing an updated notice and
proposed rule for proposed exemptions
for these new categories of records
pursuant to 5 U.S.C. 552a(j)(2) and 5
U.S.C. 552 a(k)(2). Furthermore, to the
extent certain categories of records are
ingested from other systems, the
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exemptions applicable to the source
systems will remain in effect.
Concurrent with this document, DHS/
USCG is updating and reissuing a
current DHS system of records titled,
‘‘DHS/USCG–029 Notice of Arrival and
Departure (NOAD) System of Records.’’
The collection and maintenance of this
information assists DHS/USCG in
meeting its statutory obligation to assign
priorities while conducting maritime
safety and security missions in
accordance with international and U.S.
regulations. In accordance with the
Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security
(DHS) United States Coast Guard
(USCG) proposes to update and reissue
a current DHS system of records titled,
‘‘DHS/USCG–029 Notice of Arrival and
Departure (NOAD) System of Records.’’
The collection and maintenance of this
information assists DHS/USCG in
meeting its statutory obligation to assign
priorities while conducting maritime
safety and security missions in
accordance with international and U.S.
regulations. DHS/USCG is updating this
system of records to (1) clarify the
authority for the maintenance of the
system to align with the recently
published Vessel Requirements for
Notices of Arrival and Departure, and
Automatic Identification System Final
Rule (January 30, 2015, 80 FR 5281); (2)
update the security classification; (3)
change the system location to clarify
that NOAD records may be stored on
information technology (IT) systems
connected to classified networks; (4)
update the purpose(s) to align with the
updated authorities for collection,
pursuant to the newly issued Vessel
Requirements for Notices of Arrival and
Departure, and Automatic Identification
System Final Rule and to allow for
replication of data for analysis and
vetting as part of the DHS Data
Framework; (5) update categories of
individuals and categories of records to
clarify that individuals considered
‘‘non-crew’’ for the purposes of this
system may include passenger records,
as well as organizations; (6) remove
routine use (M) because it is not
compatible with the original purpose for
collection of the records (7) update the
retention period and disposal standards
to reflect that records will follow the
same retention schedule despite their
storage in a classified environment; (8)
modify the notification procedures to
confirm that regardless of record storage
on a classified environment, DHS/USCG
will review all replicated records; and
(9) update the system manager and
mailing address to reflect the new mail
stop.
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II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which federal government
agencies collect, maintain, use, and
disseminate personally identifiable
information. The Privacy Act applies to
information that is maintained in a
‘‘system of records.’’ A ‘‘system of
records’’ is a group of any records under
the control of an agency from which
information is retrieved by the name of
the individual or by some identifying
number, symbol, or other identifying
particular assigned to the individual. In
the Privacy Act, an individual is defined
to encompass U.S. citizens and lawful
permanent residents. As a matter of
policy, DHS extends administrative
Privacy Act protections to all
individuals where systems of records
maintain information on U.S. citizens,
lawful permanent residents, and
visitors.
The Privacy Act allows government
agencies to exempt certain records from
the access and amendment provisions. If
an agency claims an exemption,
however, it must issue a Notice of
Proposed Rulemaking to make clear to
the public the reasons why a particular
exemption is claimed.
DHS is claiming exemptions from
certain requirements of the Privacy Act
for DHS/USCG–029 Notice of Arrival
and Departure System of Records. Some
information in DHS/USCG–029 Notice
of Arrival and Departure System of
Records may be used to support official
DHS national security or law
enforcement activities. These
exemptions are needed to protect
information relating to DHS activities
from disclosure to subjects or others
related to these activities. Specifically,
the exemptions are required protect
information relating to DHS law
enforcement investigations from
disclosure to subjects of investigations
and others who could interfere with
investigatory and law enforcement
activities. The exemptions are required
to preclude subjects of these activities
from frustrating the investigative
process; to avoid disclosure of
investigative techniques; protect the
identities and physical safety of
confidential informants and of law
enforcement personnel; ensure DHS’s
and other federal agencies’ ability to
obtain information from third parties
and other sources; protect the privacy of
third parties; and safeguard sensitive
information. Disclosure of information
to the subject of the inquiry could also
permit the subject to avoid detection or
apprehension.
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74019
In appropriate circumstances, where
compliance would not appear to
interfere with or adversely affect the law
enforcement purposes of this system
and the overall law enforcement
process, the applicable exemptions may
be waived on a case by case basis.
DHS will not assert any exemption
with respect to information maintained
in the system that is collected from a
person at the time of arrival or
departure, if that person, or his or her
agent, seeks access or amendment of
such information. The DHS/USCG–029
Notice of Arrival and Departure System
of Records Notice is also published in
this issue of the Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the
preamble, DHS proposes to amend
chapter I of title 6, Code of Federal
Regulations, as follows:
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
1. Revise the authority citation for part
5 to read as follows:
■
Authority: 6 U.S.C. 101 et seq.; Pub. L.
107–296, 116 Stat. 2135; 5 U.S.C. 301.
Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a.
2. In appendix C to part 5, revise
paragraph 34 to read as follows:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
34. The DHS/USCG–029 Notice of Arrival
and Departure System of Records consists of
electronic and paper records and will be used
by DHS and its components. The DHS/
USCG–029 Notice of Arrival and Departure
System of Records is a repository of
information held by DHS in connection with
its several and varied missions and functions,
including, but not limited to the enforcement
of civil and criminal laws; investigations,
inquiries, and proceedings there under. The
DHS/USCG–029 Notice of Arrival and
Departure System of Records contains
information that is collected by, on behalf of,
in support of, or in cooperation with DHS
and its components and may contain
personally identifiable information collected
by other federal, state, local, tribal, foreign,
or international government agencies.
The Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(j)(2), exempted this
system from the following provisions of the
Privacy Act: Sections (c)(3), (e)(8), and (g) of
the Privacy Act of 1974, as amended, as is
necessary and appropriate to protect this
information. Further, DHS has exempted
section (c)(3) of the Privacy Act of 1974, as
amended, pursuant to 5 U.S.C. 552a(k)(2) as
is necessary and appropriate to protect this
information.
Exemptions from these particular
subsections are justified, on a case-by-case
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basis to be determined at the time a request
is made, for the following reasons:
(a) From subsection (c)(3) (Accounting for
Disclosures) because release of the
accounting of disclosures could alert the
subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation to the existence of that investigation
and reveal investigative interest on the part
of DHS as well as the recipient agency.
Disclosure of the accounting would therefore
present a serious impediment to law
enforcement efforts and/or efforts to preserve
national security. Disclosure of the
accounting would also permit the individual
who is the subject of a record to impede the
investigation, to tamper with witnesses or
evidence, and to avoid detection or
apprehension, which would undermine the
entire investigative process.
(b) From subsection (e)(8) (Notice on
Individuals) because compliance would
interfere with DHS’s ability to obtain, serve,
and issue subpoenas, warrants, and other law
enforcement mechanisms that may be filed
under seal and could result in disclosure of
investigative techniques, procedures, and
evidence.
(c) From subsection (g)(1) (Civil Remedies)
to the extent that the system is exempt from
other specific subsections of the Privacy Act.
*
*
*
*
*
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2015–30304 Filed 11–25–15; 8:45 a.m.]
BILLING CODE 9110–04–P
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[Docket No. EERE–2014– BT–TP–0014]
RIN 1904–AD22
Energy Conservation Program: Test
Procedures for Portable Air
Conditioners
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Supplemental notice of
proposed rulemaking.
AGENCY:
The U.S. Department of
Energy (DOE) proposes to modify the
test procedure proposals for portable air
conditioners (ACs), initially presented
in a notice of proposed rulemaking
(NOPR) published on February 25, 2015.
Upon further analysis and review of the
public comments received in response
to the February 2015 NOPR, DOE
proposes in this supplemental notice of
proposed rulemaking (SNOPR) the
following additions and clarifications to
its proposed portable AC test procedure:
(1) Minor revisions to the indoor and
outdoor cooling mode test conditions;
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SUMMARY:
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(2) an additional test condition for
cooling mode testing; (3) updated
infiltration air and capacity calculations
to account for the second cooling mode
test condition; (4) removal of the
measurement of case heat transfer; (5) a
clarification of test unit placement
within the test chamber; (6) removal of
the heating mode test procedure; (7) a
revision to the CEER calculation to
reflect the two cooling mode test
conditions and removal of heating mode
testing; and (8) additional technical
corrections and clarifications. These
proposals are to be combined with the
initial NOPR proposals and would be
codified in a newly created appendix
CC to title 10 of the Code of Federal
Regulations (CFR), part 430, subpart B.
The test procedures would be used to
determine capacities and energy
efficiency metrics that would be the
basis for any future energy conservation
standards for portable ACs.
DATES: DOE will accept comments, data,
and information regarding this SNOPR,
submitted no later than December 28,
2015. See section V, ‘‘Public
Participation,’’ for details.
ADDRESSES: Any comments submitted
must identify the SNOPR for Test
Procedures for Portable Air
Conditioners, and provide docket
number EERE–2014–BT–TP–0014 and/
or regulatory information number (RIN)
number 1904–AD22. Comments may be
submitted using any of the following
methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: PortableAC2014TP0014@
ee.doe.gov. Include the docket number
and/or RIN in the subject line of the
message.
3. Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–5B,
1000 Independence Avenue SW.,
Washington, DC 20585–0121. If
possible, please submit all items on a
CD. It is not necessary to include
printed copies.
4. Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza SW., Room 6094,
Washington, DC 20024. Telephone:
(202) 586–2945. If possible, please
submit all items on a CD. It is not
necessary to include printed copies.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see section V of this document (Public
Participation).
Docket: The docket, which includes
Federal Register notices, public meeting
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attendee lists and transcripts,
comments, and other supporting
documents/materials, is available for
review at www.regulations.gov. All
documents in the docket are listed in
the regulations.gov index. However,
some documents listed in the index,
such as those containing information
that is exempt from public disclosure,
may not be publicly available.
A link to the docket Web page can be
found at: https://www.regulations.gov/
#!docketDetail;D=EERE–2014–BT–TP–
0014 . This Web page will contain a link
to the docket for this notice on the
www.regulations.gov site. The
www.regulations.gov Web page will
contain simple instructions on how to
access all documents, including public
comments, in the docket. See Section V,
‘‘Public Participation,’’ for information
on how to submit comments through
www.regulations.gov.
For further information on how to
submit a comment, or review other
public comments and the docket,
contact Ms. Brenda Edwards at (202)
586–2945 or by email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of
Energy, Office of Energy Efficiency
and Renewable Energy, Building
Technology Office, EE–5B, 1000
Independence Ave. SW., Washington,
DC 20585–0121. Telephone: 202–586–
0371. Email: Bryan.Berringer@
ee.doe.gov.
Ms. Sarah Butler, U.S. Department of
Energy, Office of the General Counsel,
Mailstop GC–33, 1000 Independence
Ave. SW., Washington, DC 20585–
0121. Telephone: 202–586–1777;
Email: Sarah.Butler@hq.doe.gov.
SUPPLEMENTARY INFORMATION: DOE
intends to incorporate by reference the
following industry standard into 10 CFR
parts 429 and 430: AHAM PAC–1–2015,
Portable Air Conditioners. DOE also
intends to incorporate by reference the
following industry standard into 10 CFR
part 430: ANSI/ASHRAE Standard 37–
2009, Methods of Testing for Rating
Electrically Driven Unitary AirConditioning and Heat Pump
Equipment.
Copies of AHAM PAC–1–2015 can be
obtained from the Association of Home
Appliance Manufacturers 1111 19th
Street NW., Suite 402, Washington, DC
20036, 202–872–5955, or by going to
https://www.aham.org/ht/d/Product
Details/sku/PAC12009/from/714/pid/.
Copies of ANSI/ASHRAE Standard
37–2009 can be obtained from the
American National Standards Institute
25 W. 43rd Street, 4th Floor, New York,
NY 10036, 212–642–4980, or by going to
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]]>Agencies
[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Proposed Rules]
[Pages 74018-74020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30304]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS 2015-0079]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security/United States Coast Guard-029 Notice of Arrival and
Departure System of Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security is giving concurrent
notice of an updated and reissued system of records pursuant to the
Privacy Act of 1974 for the ``Department of Homeland Security/United
States Coast Guard-029 Notice of Arrival and Departure System of
Records'' and this proposed rulemaking. In this proposed rulemaking,
the Department proposes to exempt portions of the system of records
from one or more provisions of the Privacy Act because of criminal,
civil, and administrative enforcement requirements.
DATES: Comments must be received on or before December 28, 2015.
ADDRESSES: You may submit comments, identified by docket number DHS
2015-0079, by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Karen L. Neuman, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name
and docket number for this document. All comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Marilyn Scott-Perez, (202) 475-3515, Privacy Officer, Commandant (CG-
61), United States Coast Guard, 2703 Martin Luther King Jr. Ave. SE.,
Mail Stop 7710, Washington, DC 20593. For privacy questions, please
contact: Karen L. Neuman, (202) 343-1717, Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528-
0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS), United States Coast Guard (USCG)
is giving notice of a proposed rulemaking that DHS/USCG intends to
update its regulations to exempt portions of a system of records from
certain provisions of the Privacy Act. Specifically, DHS/USCG proposes
to exempt portions of the ``DHS/USCG-029 Notice of Arrival and
Departure System of Records'' from one of more provisions of the
Privacy Act because of criminal, civil, and administrative enforcement
requirements. DHS/USCG is issuing an updated notice and proposed rule
for proposed exemptions for these new categories of records pursuant to
5 U.S.C. 552a(j)(2) and 5 U.S.C. 552 a(k)(2). Furthermore, to the
extent certain categories of records are ingested from other systems,
the
[[Page 74019]]
exemptions applicable to the source systems will remain in effect.
Concurrent with this document, DHS/USCG is updating and reissuing a
current DHS system of records titled, ``DHS/USCG-029 Notice of Arrival
and Departure (NOAD) System of Records.'' The collection and
maintenance of this information assists DHS/USCG in meeting its
statutory obligation to assign priorities while conducting maritime
safety and security missions in accordance with international and U.S.
regulations. In accordance with the Privacy Act of 1974, 5 U.S.C. 552a,
the Department of Homeland Security (DHS) United States Coast Guard
(USCG) proposes to update and reissue a current DHS system of records
titled, ``DHS/USCG-029 Notice of Arrival and Departure (NOAD) System of
Records.'' The collection and maintenance of this information assists
DHS/USCG in meeting its statutory obligation to assign priorities while
conducting maritime safety and security missions in accordance with
international and U.S. regulations. DHS/USCG is updating this system of
records to (1) clarify the authority for the maintenance of the system
to align with the recently published Vessel Requirements for Notices of
Arrival and Departure, and Automatic Identification System Final Rule
(January 30, 2015, 80 FR 5281); (2) update the security classification;
(3) change the system location to clarify that NOAD records may be
stored on information technology (IT) systems connected to classified
networks; (4) update the purpose(s) to align with the updated
authorities for collection, pursuant to the newly issued Vessel
Requirements for Notices of Arrival and Departure, and Automatic
Identification System Final Rule and to allow for replication of data
for analysis and vetting as part of the DHS Data Framework; (5) update
categories of individuals and categories of records to clarify that
individuals considered ``non-crew'' for the purposes of this system may
include passenger records, as well as organizations; (6) remove routine
use (M) because it is not compatible with the original purpose for
collection of the records (7) update the retention period and disposal
standards to reflect that records will follow the same retention
schedule despite their storage in a classified environment; (8) modify
the notification procedures to confirm that regardless of record
storage on a classified environment, DHS/USCG will review all
replicated records; and (9) update the system manager and mailing
address to reflect the new mail stop.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which federal government
agencies collect, maintain, use, and disseminate personally
identifiable information. The Privacy Act applies to information that
is maintained in a ``system of records.'' A ``system of records'' is a
group of any records under the control of an agency from which
information is retrieved by the name of the individual or by some
identifying number, symbol, or other identifying particular assigned to
the individual. In the Privacy Act, an individual is defined to
encompass U.S. citizens and lawful permanent residents. As a matter of
policy, DHS extends administrative Privacy Act protections to all
individuals where systems of records maintain information on U.S.
citizens, lawful permanent residents, and visitors.
The Privacy Act allows government agencies to exempt certain
records from the access and amendment provisions. If an agency claims
an exemption, however, it must issue a Notice of Proposed Rulemaking to
make clear to the public the reasons why a particular exemption is
claimed.
DHS is claiming exemptions from certain requirements of the Privacy
Act for DHS/USCG-029 Notice of Arrival and Departure System of Records.
Some information in DHS/USCG-029 Notice of Arrival and Departure System
of Records may be used to support official DHS national security or law
enforcement activities. These exemptions are needed to protect
information relating to DHS activities from disclosure to subjects or
others related to these activities. Specifically, the exemptions are
required protect information relating to DHS law enforcement
investigations from disclosure to subjects of investigations and others
who could interfere with investigatory and law enforcement activities.
The exemptions are required to preclude subjects of these activities
from frustrating the investigative process; to avoid disclosure of
investigative techniques; protect the identities and physical safety of
confidential informants and of law enforcement personnel; ensure DHS's
and other federal agencies' ability to obtain information from third
parties and other sources; protect the privacy of third parties; and
safeguard sensitive information. Disclosure of information to the
subject of the inquiry could also permit the subject to avoid detection
or apprehension.
In appropriate circumstances, where compliance would not appear to
interfere with or adversely affect the law enforcement purposes of this
system and the overall law enforcement process, the applicable
exemptions may be waived on a case by case basis.
DHS will not assert any exemption with respect to information
maintained in the system that is collected from a person at the time of
arrival or departure, if that person, or his or her agent, seeks access
or amendment of such information. The DHS/USCG-029 Notice of Arrival
and Departure System of Records Notice is also published in this issue
of the Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the preamble, DHS proposes to amend
chapter I of title 6, Code of Federal Regulations, as follows:
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
0
1. Revise the authority citation for part 5 to read as follows:
Authority: 6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat.
2135; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a.
0
2. In appendix C to part 5, revise paragraph 34 to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
34. The DHS/USCG-029 Notice of Arrival and Departure System of
Records consists of electronic and paper records and will be used by
DHS and its components. The DHS/USCG-029 Notice of Arrival and
Departure System of Records is a repository of information held by
DHS in connection with its several and varied missions and
functions, including, but not limited to the enforcement of civil
and criminal laws; investigations, inquiries, and proceedings there
under. The DHS/USCG-029 Notice of Arrival and Departure System of
Records contains information that is collected by, on behalf of, in
support of, or in cooperation with DHS and its components and may
contain personally identifiable information collected by other
federal, state, local, tribal, foreign, or international government
agencies.
The Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(j)(2), exempted this system from the following provisions of
the Privacy Act: Sections (c)(3), (e)(8), and (g) of the Privacy Act
of 1974, as amended, as is necessary and appropriate to protect this
information. Further, DHS has exempted section (c)(3) of the Privacy
Act of 1974, as amended, pursuant to 5 U.S.C. 552a(k)(2) as is
necessary and appropriate to protect this information.
Exemptions from these particular subsections are justified, on a
case-by-case
[[Page 74020]]
basis to be determined at the time a request is made, for the
following reasons:
(a) From subsection (c)(3) (Accounting for Disclosures) because
release of the accounting of disclosures could alert the subject of
an investigation of an actual or potential criminal, civil, or
regulatory violation to the existence of that investigation and
reveal investigative interest on the part of DHS as well as the
recipient agency. Disclosure of the accounting would therefore
present a serious impediment to law enforcement efforts and/or
efforts to preserve national security. Disclosure of the accounting
would also permit the individual who is the subject of a record to
impede the investigation, to tamper with witnesses or evidence, and
to avoid detection or apprehension, which would undermine the entire
investigative process.
(b) From subsection (e)(8) (Notice on Individuals) because
compliance would interfere with DHS's ability to obtain, serve, and
issue subpoenas, warrants, and other law enforcement mechanisms that
may be filed under seal and could result in disclosure of
investigative techniques, procedures, and evidence.
(c) From subsection (g)(1) (Civil Remedies) to the extent that
the system is exempt from other specific subsections of the Privacy
Act.
* * * * *
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2015-30304 Filed 11-25-15; 8:45 a.m.]
BILLING CODE 9110-04-P
